Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio were Commissioners Karen Dimond, Thomas Surace, Angelo Troiani, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Commissioner Barbara Nakanishi was absent. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of January 9, 2012. There were none. Vice-Chairman Dimond moved to approve the minutes of January 9, 2012. Seconded by Commissioner Surace, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Schulter, Kanelos NAYS: 0 ABSENT: 1 Nakanishi ABSTAIN: 1 Dubiel There being five (5) affirmative votes the motion carried. OLD BUSINESS 12-ZP-04 Douglas Pasma, Architect 1601 Sherman Ave. Evanston, Illinois 60201 Requesting an Amendment to Special Use ordinance 2004-41 for expansion of existing use and a variation to Appendix B Section VII (B)(14) to increase the maximum impermeable surface to 75% from the required 60% at 7333 N. Caldwell Ave., Niles, IL 60714 Chairman Kanelos stated the Board received a request for 12-ZP-04 to be continued to the March meeting. He entertained a motion for continuance. Commissioner Dubiel moved to continue. Commissioner Troiani said this is the second and last time this case will be continued. Page 1 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 Charles Ostman stated it is up to the Commissioners. The only thing stated in the zoning code is if someone appeals his [Mr. Ostman’s] decision as Zoning Administrator; then they are only allowed two (2) continuances. But that language does not apply to any kind of zoning application. Chairman Kanelos explained in this type of continuance it is up to this Board to continue the case as many times as they like. Commissioner Dubiel said only in a contested case is it limited to two (2) continuances. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Nakanishi Thee being six (6) affirmative votes the motion carried. NEW BUSINESS 12-ZP-05 Mr. John Kifarkis 8554 W. North Terrace Niles, Illinois 60714 Requesting approval of a side yard variation to Niles Zoning Ordinance Appendix B Section VII (c)(9)(a) to reduce the side yard setback from the required 10 feet to 5 feet to construct a new carport at 8554 W. North Terrace, Niles, Illinois 60714 12-ZP-06 Andy Marcionetti 302 S. Stewart Addison, Illinois 60101 Requesting approval of a rear yard variation to Niles Zoning Ordinance Appendix B Section VIII (B)(5)(b) to reduce the rear yard setback from the required 20 feet to 10.18 feet to construct an addition at 8030 W. Oakton St., Niles, Illinois 60714 12-ZP-07 Paul Ambubuyog & Tony Lainovic, owners 8216 N. Lawndale Skokie, Illinois 60076 Page 2 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 Requesting a Special Use to Niles Zoning Ordinance Appendix B Section VIII (B)(3)(u) for a martial arts school located at 7038 N. Milwaukee Ave., Niles, Illinois 60714 Chairman Kanelos called for the first item on the agenda. 12-ZP-05 Mr. John Kifarkis 8554 W. North Terrace Niles, Illinois 60714 Requesting approval of a side yard variation to Niles Zoning Ordinance Appendix B Section VII (c)(9)(a) to reduce the side yard setback from the required 10 feet to 5 feet to construct a new carport at 8554 W. North Terrace, Niles, Illinois 60714 Richard Wlodarski stepped to the podium to present the case. Legal notice for all three cases in front of the Board tonight was published in The Bugle Newspaper on January 19, 2012. Letters were mailed out to all property owners located within 250 feet of all subject properties. The first subject property is case 12-ZP-05 at 8554 W. North Terrace. The request is to attach a carport to the side of the existing house. Required side yard 10 feet is to allow ample clearance for a vehicle to easily access the detached garage. The addition of the carport will not encroach on that 10 foot setback. The property, including the carport, would meet all other zoning requirements. This Board has granted similar variations for carports in the past. The Community Development Department has reviewed this request and feels there would be no negative effect in granting this request and they recommend approval. This Board also has the final authority on this matter. Chairman Kanelos asked if there were any questions from the Board for Mr. Wlodarski. Commissioner Dubiel requested that the packet be entered as Exhibit A for 12-ZP-05. There were no other questions from the Board or the audience. At this time Chairman Kanelos asked the petitioner to step forward. Mr. John Kifarkis, 8554 W. North Terrace, Niles, Illinois 60714 came to the podium and was sworn in. He said he would like to add this carport for his Page 3 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 elderly parents who also live in the house. They both had heart surgery. He has a long driveway and it will make it easier to use if it had a carport. Commissioner Troiani said you realize we don’t like trucks parked on the driveway overnight. Mr. Kifarkis said yes. Commissioner Troiani said it looks like an awful big carport. We can’t cover all the land with roofs so people can get out of a car. Mr. Kifarkis said there would be one or two cars. Commissioner Dubiel asked if there is a zoning issue on the number of cars parked in a driveway. Joseph Annunzio, Village Attorney, stated there is an ordinance. The rest of his answer is inaudible as he was not speaking into the microphone. It is a statute and does not apply to zoning. Mr. Kifarkis said since he owns an electric business, is it an issue if he parks his truck in front? Commissioner Troiani said there is an ordinance that no trucks can be parked on the streets or driveways overnight. Mr. Ostman said they would review the ordinance with the petitioner. It is a separate issue. Chairman Kanelos said it is a very long carport, essentially the whole house. The goal is to keep the snow off the driveway. Vice-Chairman Dimond asked about water runoff. There is a downspout toward the rear of the house. Are there other downspouts or does all the water go to the rear? Mr. Kifarkis said there are two spouts. Commissioner Dubiel said the plans show two downspouts, one at the front and one at the rear. Page 4 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 Chairman Kanelos asked Mr. Ostman if the spouts are supposed to discharge front or back, not side to side. Mr. Ostman said yes. Mr. Wlodarski said the petitioner has five feet of grass on the side for water runoff – from the edge of the driveway to the property line. Chairman Kanelos asked if there were any other questions from the Commissioners or from the audience. There were none. Chairman Kanelos entertained a motion. Commissioner Dubiel moved 12-ZP-05 - property at 8554 W. North Terrace, requesting approval of a side yard variation to Niles Zoning Ordinance Appendix B Section VII (c)(9)(a) to reduce the side yard setback from the required 10 feet to 5 feet to construct a new carport at 8554 W. North Terrace, Niles, Illinois 60714, petitioner John Kafarkis be approved. Chairman Kanelos asked Mr. Ostman if there are other carports in the Village of Niles that run the whole length of the house. Mr. Ostman does not know. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 5 Dimond, Surace, Schulter, Dubiel, Kanelos NAYS: 1 Troiani ABSENT: 1 Nakanishi There being five (5) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 12-ZP-06 Andy Marcionetti 302 S. Stewart Addison, Illinois 60101 Requesting approval of a rear yard variation to Niles Zoning Ordinance Appendix B Section VIII (B)(5)(b) to reduce the rear yard setback from the required 20 feet to 10.18 feet to construct an addition at 8030 W. Oakton St., Niles, Illinois 60714 Page 5 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 Richard Wlodarski presented case 12-ZP-06. The building was built in 1960 and has always been a gas and service station. This request is for a rear yard variation from 20 feet to 10.18 feet to construct a 1,279 sq. ft. addition to open a self service laundromat. The proposed addition would follow the existing building line on the north [rear]. The applicant is proposing to completely renovate both the interior and exterior of the building. The property has been in poor condition since BP Amoco closed in 2006. The staff feels very strongly in recommending approval for this variation. This Board is the final authority on this matter. Chairman Kanelos asked if there were any questions for Mr. Wlodarski. Commissioner Dubiel verified the lot line at the north end of the building as being reduced to half. Mr. Wlodarski said it was already in half. Chairman Kanelos moved the packet given to the Board be entered as Exhibit A for case 12-ZP-06. Commissioner Surace asked if there were any gas tanks that had to be removed since the property was formerly a gas station. Mr. Wlodarski said he believed that was taken care of but he would let the applicant speak regarding that. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public either. He then called the petitioner to the podium. Andy Marcionetti, 302 S. Stewart Ave., Addison, IL was sworn in. He is trying to put an addition on the building and follow the rear line - extend it exactly where it is. Commissioner Dubiel asked if the building was currently serviced from the west side for trash and utilities. Mr. Marcionetti said yes and he will continue that. There were no more questions from the Commissioners or from the public. Page 6 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 Chairman Kanelos then entertained a motion. Commissioner Troiani moved 12-ZP-06 - Andy Marcionetti, 302 S. Stewart, Addison, Illinois 60101 requesting approval of a rear yard variation to Niles Zoning Ordinance Appendix B Section VIII (B)(5)(b) to reduce the rear yard setback from the required 20 feet to 10.18 feet to construct an addition at 8030 W. Oakton St., Niles, Illinois 60714 be approved. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the last item on the agenda. 12-ZP-07 Paul Ambubuyog & Tony Lainovic, owners 8216 N. Lawndale Skokie, Illinois 60076 Requesting a Special Use to Niles Zoning Ordinance Appendix B Section VIII (B)(3)(u) for a martial arts school located at 7038 N. Milwaukee Ave., Niles, Illinois 60714 Richard Wlodarski said this is case 12-ZP-07. There is a doctor’s office building and a small strip center located on the property. The strip center has been primarily occupied by businesses using the spaces for light storage and light manufacturing. The doctor’s office has two (2) offices and seven (7) exam rooms. Prior zoning ordinance for a Special Use is required to open any type of school. The zoning code is silent on parking requirements for a martial arts school. The property has fifty-four (54) parking spaces which we feel is more than adequate to support the center as it is today including the martial arts school. Should the center change in character and have more office or retail space and require more parking, there is ample land that can be utilized to add additional parking that may be required in the future. The Community Development Department has reviewed this request and recommends approval. This Board is a recommending Board to the Board of Trustees on this matter. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Wlodarski. Page 7 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 Commissioner Dubiel verified that currently there is only one (1) tenant there. Does the count of the parking spaces include the doctor’s building? Mr. Wlodarski said yes, Powerhouse Generators – they store generators. In your packet is a listing of what else is in the center. And yes, the count includes the doctor’s building because it is all shared parking. It is considered a business district. Should it be changed to a retail district which requires a higher demand for parking, this would have to be revisited. But there should be no problem to add more parking because of the land around the property. Commissioner Dubiel said Powerhouse has two (2) semi rigs parked there. Mr. Wlodarski noticed there was a semi parked there. He is not sure if it is specifically for Power. They have one (1) employee – most everything is just storage for that company. Commissioner Surace said the free bus goes down Newark Avenue there. The trailer has been there for twenty (20) some years. He thinks it belongs to the house in the back just before St. Andrew’s. Chairman Kanelos said there were no other questions from the Commissioners. There was one (1) question from the audience. Victoria Moore, 6824 Harts Rd., Niles, IL came to the podium to ask her question. She asked if this property was located on the west side of Milwaukee Avenue. Mr. Wlodarski said yes. There were no more questions. Chairman Kanelos then asked to petitioners to step forward. Paul Ambubuyog & Tony Lainovic stepped forward and were sworn in. Mr. Ambubuyog’s address is 8216 N. Lawndale, Skokie, Illinois. Mr. Lainovic’s address is 1644 Heather Drive, Algonquin, Illinois. Mr. Lainovic said they are looking to establish a martial arts studio at this location. They will be instructing and teaching kids from age five (5) up to adults. They feel the parking is adequate. He knows about the semi truck. Page 8 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 That is actually not included in the parking spaces; it is along the wall. They like the area because it is a neighborhood community but not surrounded by homes where they might bother residents. Chairman Kanelos asked if there were questions from the Commissioners. There were none. There were no questions from the public either. At this time he entertained a motion. Vice-Chairman Dimond moved 12-ZP-07 - Paul Ambubuyog & Tony Lainovic, owners, 8216 N. Lawndale, Skokie, Illinois 60076 requesting a Special Use to Niles Zoning Ordinance Appendix B Section VIII (B)(3)(u) for a martial arts school located at 7038 N. Milwaukee Ave., Niles, Illinois 60714 be approved. In conjunction with that approval she also finds this Special Use is necessary for the public convenience. The public health, safety and welfare will in no way be jeopardized by this school and it will not cause any substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Commissioner Surace. Chairman Kanelos noted this packet be entered into the record as Exhibit A for 12-ZP-07. On roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Chairman Kanelos stated there being no other items on the agenda, he entertained a motion to adjourn the meeting. Commissioner Dubiel moved to adjourn the meeting. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Page 9 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS February 6, 2012 The meeting adjourned at 7:27 p.m. Kathleen Janessa, Recording Secretary Page 10 of 10